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HomeMy WebLinkAbout02/17/1938 - Adjourned Regular Meeting0 0 0 0 Newport Beach, California. February 17, 1938- The City Council of the city of Newport Beach met in adjourned regular session in the City Council Chambers at the City Hall in the. City of Newport Beach at 10 A. M. on above date with Mayor Williamson in the Chair. The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent: Councilmen None. REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted, the reading of reports of other heads of Departments dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES Councilman Whitson reporting on the matter of the protests presented against the further operation of a device known as 'Loop- The -Loop' operating_in the Balboa section, advised that the Committee appointed to investigate.same recommends that no further license be issued for same. Whereupon it was moved by Councilman Whitson, seconded by Councilman Gordon and carried, that the report of the Committee be approved and no further licenses be issued for conducting devices of that nature. REPORTS OF STANDING COMMITTEES: None On motion of Councilman Claire, seconded by Councilman Whitson and carried, the regular order of business was suspended in order to consider the application of the Planning Commission for an appropriation of $600.00, said appropriation to be used by the Planning Commission for the purpose of working out a Major Traffic Plan and other matters. C. Harold Hopkins, Chairman of the Planning Commission, appeared before the Council in regard to the above, and after due consideration it was moved by Councilman Claire, seconded by Councilman Whitson and carried that the appropria- tion be granted. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the regular ordei of business was resumed. COMMUNICATIONS None. UNFINISHED BUSINESS J. P. Greeley appeared before the Council in connection with the Re- Subdivision Map known as Tract 1007, said tract consisting of certain parcels of property in Block C, Newport Bay Tract and Block 1, Balboa Bayside Tract. The Map having been tentatively approved at a previous meeting of the Council was presented for further consideration, whereupon City Attorney Thompson advised that it would be in order to give final approval of the same, provided certain demands of the City for a suitable radius for the alley created by the re- subdivision, together with an easement or deed for side- walk purposes fronting on Newport Bay, had been complied with. It was moved by Councilman Claire that the Map of Tract 1007 be approved, subject to satisfactory compliance of the terms of the City as outlined above. The motion was seconded by Councilman Whitson and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire moved the adoption of a resolution, being A RESOLUTION A"PROVING MAP SHOWING ALLEY ADJACENT TO LOTS 14 to 20 INCLUSIVE, IN SUBDIVISION OF BLOCK C, NEWPORT BAY TRACT IN THE CITY OF NEWPORT BEACH, CALIFORNIA, PROPOSED TO BE CLOSED UP AND ABANDONED. The resolution was read, considered, designated Resolu- tion No. 1282, the motion for adoption being duly seconded by Councilman-Gordon and was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1283. A Grant Deed dated the 5th day of February 1930, from R. C. Mize and Eleanore Mize, his wife, to the City of Newport Beach, a municipal corporation of the sixth class of the State of California, granting to the City of Newport Beach all that certain real property situated in the City of Newport Beach, County of Orange, State of California, described as follows, to -wit: Lot "A" of Tract No. 919, as shown on a Map recorded in Book 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, records of Orange County, California; excepting those portions thereof described as follows, to -wit:- lst. The Southeasterly 938.78 feet of said Lot; said 938.78 feet being measured along the North - easterly line of the State Highway, as shown on said Map, and the Northwesterly line of said Southeast- erly 938.78 feet being parallel with the Southeasterly line of said Lot; 2nd. The Northwesterly 100 feet of the Southwesterly 170 feet of said Lot, as conveyed to Jack H. Wigal by deed recorded February 2nd, 1938; 3rd. The Southeasterly 35 feet of the Northwesterly 135 feet of the Southwesterly 150 feet of said lot;, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Whitson made a motion, duly seconded by Councilman Gordon and carried, that said Deed be accepted by said City of Newport Beach, and that the City Clerk be instructed to record the same forthwith the County Recorder 4 r r_& Roll Call Protesting Loop -The- Loop. Planning Commission appropria- tion Map of Tr. 1007 Res. 1282 Res. 1283 M211 of Orange County, California. That said motion was carried by the following vote, to -wit: • AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson NOES: Councilmen None. ABSENT: Councilmen None. Res. 1264 Resolution No. 1264. WHEREAS, R. C. Mize and Eleanor Mize, husband and wife, have this day offered to the City of Newport Beach, a Grant Deed dated February 5th, 1938, conveying all that certain real property situated in the City of Newport Beach, County of Orange, State•of California (herein designated as "Parcel X"), described as follows, to -wit: Lot "A" of Tract No.919, as shown on a Map recorded in Book 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, records of Orange County, California; excepting those portions thereof described as follows, to -wit: let. The Southeasterly 936.76 feet of said Lot; said 938.76 feet being measured along the Northeasterly line of the State Highway, as shown on said Map, and the Northwesterly line of said Southeasterly 936.76 feet being parallel with the South- easterly line of said Lot; 2Sd. The Northwesterly 100 feet of the Southwesterly 170 feet of said lot, as conveyed to Jack H. Wigal by deed recorded February 2nd, 1936; 3rd. The Southeasterly 35 feet of the Northwesterly 135 feet of the Southwesterly 150 feet of said lot: Subject to rights of way of record and unpaid taxes and tax sales of the said City and the said County; as consideration for a Deed from the City of Newport Beach to said R. C. Mize for all that certain real property situated in the City of Newport Beach in said County and State (hereinafter referred to as "Parcel Y"), described as follows, to -wit: Lot "A" of Tract No. 919, as shown on a Map recorded in Book ' 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, records of Orange County, California; excepting those portions thereof described as follows, to -wit: (1) The Southeasterly 936.76 feet of said Lot; said 936.76 feet being measured along the Northeasterly line of the State Highway, as shown on said Map, and the Northwesterly line of said South- easterly 936.76 feet being parallel with the Southeasterly line of said Lot; (2) Beginning at a point on the Northerly line of the State Highway as shown on said map (said point being in the Southerly line of said Lot "A "), distant thereon 1236.76 feet Northwesterly, measured along said Northerly line, from the most Southerly corner of said Lot "A ", and running thence from said point of beginning North 39 043'30" East and parallel with the South- easterly line of said Lot 512.00 feet to a point; thense North- westerly in a straight Pane 695.79 feet to a point in the center line of San Bernardino Ave (as shown on said map) Northeasterly, measured along said center line, 675.00 feet from the intersec- tion of said center line with the Northwesterly extension of the Southerly line of said Lot "A1l; thence Southwesterly along said center line of San Bernardino Avenue 675.00 feet to its intersection with the Northwesterly extension of the Southerly line of said Lot "A", and thence Southeasterly along the said extended line and along said Southerly line df said Lot "A" 576.65 feet to the point of beginning; ' free and clear of all encumbrances except rights of way of record and unpaid taxes of the County of Orange and tax sales of the County of Orange; and WHEREAS, the said consideration is a fair and adequate consideration as and for the purchase price of said "Parcel Y"; and WHEREAS, the real property being purchased by said City is proper • for municipal purposes; and WHEREAS, it will be unnecessary to pay any commission to any broker for making said sale and it will be further unnecessary for the City to be at any expense of any nature in connection with said transaction; and WHEREAS, the City Council of the City of Newport'Beach deems that it is to the advantage and for the benefit and best interests of said City that said property secondly described herein, to -wit: said "Parcel Y", be sold and conveyed to said R. C. Mize for said consideration hereinabove ql expressed; said property not being necessary for municipal purposes; and WHEREAS, the consideration is just, fair and adequate and is not disproportionate to the real value of said "Parcel Y"; NOW, THEREFORE, BE IT RESOLVED, that said "Parcel Y" above described be sold and conveyed to said R. C. Mize for the consideration hereinabove expressed, subject to the encumbrances hereinabove mentioned, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Grant Deed for said "Parcel Y" to said R. C. Mize upon receipt of the consideration above set forth. WHEREUPON Councilman made a motion, duly seconded by Councilman Gordon and carried that said Resolution No. 1264 be adopted by the City of Newport Beach. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. • ABSENT: Councilmen None. Councilman Claire moved the adoption of a resolution, being A RESOLUTION ' OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A CERTAIN ALLEY ADJACENT TO LOTS 14 TO 20 INCLUSIVE IN'SUBDIVISION OF BLOCK C, NEWPORT BAY TRACT, AS SHOWN ON MAP RECORDED IN BOOK 5, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DECLARING IT TO BE FOR PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COSTS AND EXPENSES THEREOF. The resolution was read, designated Resolution No. 1256, and the motion for adoption duly seconded by Councilman Gordon, and passed by the follow- ing vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. 1] • ON Sale of City holdings in Tr. 772 Frank L.Smith application to lease land Mr. Norris taxes Recess Res. 1255 Res, 1256 An ordinance was presented, being an ordinance amending Ordinance No. 445, Contract wit. which ordinance pertains to a certain,contract with the Hamasi Corporation respect- Hamasi Corp ing the sale of real estate in the Corona del Mar District. On motion of Councilman ordinance Claire, seconded by Councilman Whitson, the ordinance was passed to the second lst reading reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Whitson and carried, an adjournment was taken Sine Die. AP OVED: Minn City Attorney Thompson reported on the matter of the sale of the City's holdings in Tract 772 for a consideration of $10,000.00, one thousand of which had • been deposited, the balance to be paid at the closing of the escrow. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the transaction was approved, subject to the Council's final approval at the close of the escrow. ' Councilman Gordon reporting on the application of Frank L. Smith to lease certain City owned lands fronting on the North Channel of•Newport Bay, moved that the application be Laid on the Table and the map pertaining to same be filed. The motion was seconded by Councilman Claire and carried. Mr. Norris addressed the Council concerning Lot 19, Block J, Tract 515, asking to be relieved of certain taxes assessed against same. The matter was discussed and considered and on motion of Councilman Claire, seconded by Council - man.Gordon and carried was Laid on the Table until the next-meeting of the Council. On motion of Councilman Claire, seconded by Councilman Whitson and ' carried, a recess was taken for 15 minutes in order to consider a request of the Hamasi Corporation regarding certain Corona del Mar property. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the meeting of the Council was Iresumed. 12S5 Resolution No. Councilman Claire moved the adoption of a resolution, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AND DIRECTING THE CITY tom.' TREASURER OF THE CITY OF NEWPORT BEACH TO CANCEL ALL TAXES AND ASSESS14ENTS WHICH ARE AS OF THIS DATE DUE OR DELINQUENT, TOGETHER WITH ALL PENALTIES THEREON, ON CERTAIN PROPERTY IN TRACT 919 AS SHOWN IN DEED FROM R. C. AND ELEANORE MIZE TO THE CITY OF NEWPORT BEACH. The motion was seconded by Councilman Gordon and the • Resolution passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None, Councilman Claire moved the adoption of a resolution, being A RESOLUTION ' OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A CERTAIN ALLEY ADJACENT TO LOTS 14 TO 20 INCLUSIVE IN'SUBDIVISION OF BLOCK C, NEWPORT BAY TRACT, AS SHOWN ON MAP RECORDED IN BOOK 5, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DECLARING IT TO BE FOR PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COSTS AND EXPENSES THEREOF. The resolution was read, designated Resolution No. 1256, and the motion for adoption duly seconded by Councilman Gordon, and passed by the follow- ing vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. 1] • ON Sale of City holdings in Tr. 772 Frank L.Smith application to lease land Mr. Norris taxes Recess Res. 1255 Res, 1256 An ordinance was presented, being an ordinance amending Ordinance No. 445, Contract wit. which ordinance pertains to a certain,contract with the Hamasi Corporation respect- Hamasi Corp ing the sale of real estate in the Corona del Mar District. On motion of Councilman ordinance Claire, seconded by Councilman Whitson, the ordinance was passed to the second lst reading reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Whitson and carried, an adjournment was taken Sine Die. AP OVED: Minn